Rule of Law

A comparative Study
Dr Rajeev Ranjan
 Plato
Rule of Law
• Sub-Ideal State/ Second Best Model
Rule of Man • Meaning of Law: Outcome of human
resource of reason
Republic • Importance of Law
• Origin of Law
Philosopher King • Quality of legislator = same as
philosopher king
Duties to make correct order
for justice • Supremacy of Law
• Rigid Amendment
• Mixed Constitution
• monarchy-reason
• Democracy-Freedom
 Aristotle/Rule of Law
• Source of Law
• Plato-Family and Tradition, Otherwise Philosopher King
• Aristotle- Legislator
• Legislator
• As Investigator/ Searcher
• Natural Existence of Law
• Human Insightness + Rationality
• Collective Reason vs. Reason of Philosopher King
• Humans in the group become complementary to each other.
One person understands one part of the question, another
person understands the other part of the question. And in
this way, all subjects are understood.

• Sovereignty
 Demerits of Rule of Law
Lack of Representation: Not
included Women, Slaves and
Juvenile
Best Quality Reasons processed
by Only Few People
Journey of Rule of Law to the AV
Dicey
• Stoics
• Romans
• Dark Age
• Renaissance and Enlightenment
• King and Coke Debate
• AV Dicey
 Rule of Law in England
• The Rule of Law was first originated by Sir Edward Coke, the Chief
Justice in England at the time of King James I. Coke was the first person
to criticize the maxims of Divine Concept. He strongly believed that the
King should also be under the Rule of Law.
• The Rule of Law doctrine was later developed by A.V. Dicey in his book,
“Introduction to the Law of Constitution (1885).” The Rule of Law
according to Dicey means that no man is punishable or can be lawfully
made to suffer in body or goods except for distinct breach of law and
no man is above the law. The term Rule of Law thus, means the
paramountcy of Law over Government.
 Dicey’s Rule of Law
1. Equality before the law:
Dicey says it emphasizes the impartiality of law. It means that there shall be no distinction
between the rich and the poor, officials and non-officials, majority and minority, no one
can be degraded and no one can be upgraded. Law gives equal justice to all.
2. Rule of Law alone:
The Rule of Law rejects all kinds of arbitrary and discretionary powers of the government
or public officials. It implies that a man may be punished for a breach of law but he can’t
be punished for anything else. An alleged offence is required to be proved before the
ordinary courts in accordance with the legal procedure.
3. Constitutional Law stems from ordinary law:
It is generally presumed that the written constitution is the source of legal liberties of
citizens. However, it is not true as Britain has an “unwritten Constitution.” Legal spirit is
the real source of law in England. The legal spirit is seen in its customs, conventions and
judicial decisions. Dicey opines that the individual rights and liberties are more safely
protected in Britain than France.
 Meaning of Law in Rule of Law
• Theory of Social Contract
• CJI Ramana
 Dimension of Equality
Discourse on the Origin and Basis of Inequality Among Men
 Equalit
y

Substantive
Formal Equality
Equality

Econom
Legal Political Social
ic
Equalit Equalit Equalit
Equalit
y y y
y
 Key Differences:
Substantive
Aspect Formal Equality
Equality
Addressing unequal
Treating everyone the
Focus circumstances for fair
same
outcomes
Focuses on process Focuses on outcomes
Process vs Outcome (equality in (achieving actual equality
law/application) in result)
Equal treatment doesn't
Equal treatment leads to
Assumption always lead to equal
equal results
results
One-size-fits-all rules and Tailored interventions to
Policy Approach
laws address disadvantages
Affirmative action
 What is the World Justice Project (WJP)
The World Justice Project (WJP) is an independent, multidisciplinary organization dedicated to advancing
the rule of law around the world. Founded in 2006, its mission is to promote good governance, combat
corruption, ensure accountability, and foster societies where rights and justice are upheld. It aims to
strengthen the rule of law to improve justice, economic opportunities, and respect for fundamental rights.

Key functions and activities of the World Justice Project • The index evaluates factors
include:
such as:
Rule of Law Index: The WJP's flagship initiative is its • Constraints on government
Rule of Law Index, which measures how the rule of powers
law is experienced and perceived in over 140 countries.
Data and Research:
• Absence of corruption
• Open government
• Fundamental rights
Engagement and Advocacy: • Order and security
• Regulatory enforcement
Education and Innovation: • Civil justice
• Criminal justice
 World Justice Project
• The rule of law is a durable system of laws, institutions, norms, and
community commitment that delivers four universal principles:
accountability, just law, open government, and accessible and impartial
justice.
Durable system of laws, Universal
Institutions, principles:
Norms, and • Accountability,
Community • Just law,
• Open government,
and
• Accessible and
impartial justice.
 Are politicians and
government officials held
accountable for
corruption?
Do people face legal
consequences for
wrongdoing regardless of
their wealth or status?

Accountabi Are there mechanisms in

place to prevent abuses of
lity power?
Do checks on the
government’s power, such
as a free and independent
press, exist?

Is transition of power
subject to the law?
Is the law understandable to all people?

Is the law publicly available and easily accessible?

Is the law stable and steady?

Does the law apply equally to people of all

backgrounds and social class?

Are core human, procedural, and property rights

enshrined in the law?

Just Law
 Open Government
Is it easy to find out how the government manages
public resources and to request information from the
government?
Can citizens collaborate with government officials to
improve the rule of law?

Can people bring complaints to the government

without facing repercussions?

Does the government respond to queries about its

actions in a timely manner with useful information?

Are freedoms of opinion, expression, assembly, and

association respected?
 Accessible and Impartial
Justice
Is dispute resolution accessible and affordable?

Can people resolve their disputes in a timely

manner?

Is the justice system free of corruption and improper

influence?

Do the police, lawyers, and judges have adequate

resources to administer justice?

Are the police, lawyers, and judges neutral and

independent?
 • 1. Constitutional Framework.
• 2. Judicial Review
• 3. Parliamentary Sovereignty vs.
Constitutional Supremacy
• 4. Legal Rights and Protections
• 5. Role of Precedent (Common Law)
• 6. Checks and Balances
Comparati • 7. International Influence.
• Summary of Differences:
ve Study  Constitutional Basis: Written (USA)
vs. Unwritten (UK).
of the Rule  Judicial Review: Strong judicial review
(USA) vs. limited judicial review (UK).
of Law  Sovereignty: Constitutional supremacy
(USA) vs. Parliamentary sovereignty
(UK).
 Rights Protections: Codified rights
(USA) vs. common law and statutory
protections (UK).
Thank You